Sanjiv Kumar @ Sanjiv Kumar Suresh Gupta @ Sanjiv Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82763 of 2023 Arising Out of PS. Case No.-59 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== Sanjiv Kumar @ Sanjiv Kumar Suresh Gupta @ Sanjiv Kumar Gupta Son Of Mr. Suresh Gupta @ Suresh Prasad R/O Village- Kathadih, P.S.- Fatehpur, Dist.- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498(A), 120B and 34 of the Indian Penal Code.

3. As per prosecution case, this petitioner, in absence of informant's husband, forcibly established physical relation with the informant/victim on the pretext of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that informant/victim is married and matured lady. The relationship between both of them seems consensual and she forced the

Patna High Court CR. MISC. No.82763 of 2023(2) dt.20-12-2023 2/2 petitioner to marry despite knowing this fact that she is already married. A statement has been made in para-3 of this petitioner that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila Thana P.S. Case No. 59 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Gaya. (Sunil Kumar Panwar, J) lata/- U T